CHAPTER 10.16. – OFFENSES AGAINST PUBLIC DECENCY

10.16.010. Gambling.

10.16.020. Prostitution.

10.16.030. Keeping a place of prostitution.

10.16.040. Pandering.

10.16.050. Patronizing a prostitute.

10.16.060. Soliciting for prostitution.

10.16.070. Obscenity—Definitions.

10.16.080. Obscenity—Promotion and wholesale promotion.

10.16.090. Public indecency.

10.16.095. Indecent exposure.

10.16.100. Provocative writings, markings or depictions.

 

10.16.010. Gambling.

It is unlawful to knowingly engage in gambling; namely, the risking of any money, credit, deposit or other thing of value for gain, contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but not including:

A. Circumstances involving a person who engages in “professional gambling,” which entails aiding or inducing another to engage in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants; or

B. Any game, wage or transaction which is incidental to a bona fide social relationship, with the participation of natural persons only, none of whom, either directly or indirectly, participates in professional gambling; or

C. Bona fide contests of skill, speed, strength or endurance in which the awards are made only to entrants or owners of the entries; or

D. Bona fide business transactions valid under the law of contracts; or

E. Other acts or transactions now or hereafter expressly authorized by law.

(Code 1993, § 10.16.010; Ord. No. O-92-51, § 1)

State law reference— Gambling, C.R.S. § 18-10-101 et seq.

10.16.020. Prostitution.

It is unlawful to perform, offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse, with any person not one’s spouse, in exchange for money or other thing of value.

  1. As used in this chapter:

Fellatio means any act of oral stimulation of the penis.

Cunnilingus means any act of oral stimulation of the vulva or clitoris.

Masturbation means stimulation of the genital organs by manual or other body contact exclusive of sexual intercourse.

Anal intercourse means contact between human beings of the genital organs of one and the anus of another.

(Code 1993, § 10.16.020; Ord. No. O-92-51, § 1; Ord. No. O-2014-10, § 1, 3-18-2014)

State law reference— Similar provisions, C.R.S. § 18-7-201.

10.16.030. Keeping a place of prostitution.

It is unlawful for anyone who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution to:

A. Knowingly grant or permit the use of such place for prostitution.

B. Permit the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which they should reasonably know that the place is being used for purposes of prostitution.

(Code 1993, § 10.16.030; Ord. No. O-92-51, § 1; Ord. No. O-2014-10, § 2, 3-18-2014)

State law reference— Similar provisions, C.R.S. § 18-7-204.

10.16.040. Pandering.

It is unlawful to knowingly arrange or offer to arrange a situation in which a person may practice prostitution.

(Code 1993, § 10.16.040; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-7-203.

10.16.050. Patronizing a prostitute.

It is unlawful to knowingly perform the following:

A. Engage in an act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with a prostitute; or

B. Enter or remain in a place of prostitution with intent to engage in an act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with a prostitute.

(Code 1993, § 10.16.050; Ord. No. O-92-51, § 1; Ord. No. O-2014-10, § 3, 3-18-2014)

State law reference— Similar provisions, C.R.S. § 18-7-205.

10.16.060. Soliciting for prostitution.

It is unlawful to knowingly:

A. Solicit another for the purpose of prostitution; or

B. Arrange or offer to arrange a meeting of persons for the purpose of prostitution; or

C. Direct another to a place, knowing such direction is for the purpose of prostitution.

(Code 1993, § 10.16.060; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-7-202.

10.16.070. Obscenity—Definitions.

As used in section 10.16.080, unless the context otherwise requires:

Material means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner, but does not include an actual three-dimensional obscene device.

Obscene means material or a performance that:

1. The average person, applying contemporary community standards, would find that, taken as a whole, appeals to the prurient interest in sex;

2. Depicts or describes:

a. Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy and sexual bestiality, or

b. Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernibly turgid state; and

3. Taken as a whole, lacks serious literary, artistic, political or scientific value.

Obscene device means a device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

Patently offensive means so offensive on its face as to affront current community standards of tolerance.

Performance means a play, motion picture, dance or other exhibition performed before an audience.

Promote means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

Prurient interest means a shameful or morbid interest.

Simulated means the explicit depiction or description of any of the types of conduct set forth in subdivision 2 under “obscene” in this section, which creates the appearance of such conduct.

Wholesale promote means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate or to offer or agree to do the same for purpose of resale.

If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.

(Code 1993, § 10.16.070; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-7-101.

10.16.080. Obscenity—Promotion and wholesale promotion.

A. Wholesale promotion of obscenity.

1. A person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material.

2. Wholesale promotion of obscenity is unlawful and a violation of this Code.

B. Promotion of obscenity.

1. A person commits promotion of obscenity if, knowing its content and character, such person:

a. Promotes or possesses with intent to promote any obscene material; or

b. Produces, presents or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.

2. Promotion of obscenity is unlawful and a violation of this Code.

C. A person who possesses six or more identical materials is presumed to possess them with intent to promote the same.

D. This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation or conduct occurs in the course of law enforcement activities.

E. This section does not apply to a person’s conduct otherwise proscribed by this section which occurs in that person’s residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.

(Code 1993, § 10.16.080; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-7-202.

10.16.090. Public indecency.

It is unlawful to knowingly perform any lewd or indecent act or display in a public place or where the conduct may reasonably be expected to be viewed by members of the public.

(Code 1993, § 10.16.090; Ord. No. O-92-51, § 1)

State law reference— Public indecency, C.R.S. § 18-701.

10.16.095. Indecent exposure.

It is unlawful to knowingly expose one’s genitals to the view of any person when such conduct is likely to cause affront or alarm to the other person.

(Code 1993, § 10.16.095; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-7-302.

10.16.100. Provocative writings, markings or depictions.

It is unlawful to display to the public view any writing, marking or depiction upon any wall, fence, motor vehicle or other thing or property visible to persons from any highway, street or other public place which is grossly offensive or shocking as to tend to provoke an immediate breach of the peace in its natural and probable consequences among persons having ordinary sensitivities.

(Code 1993, § 10.16.100; Ord. No. O-92-51, § 1)

10.16.110. Open container prohibited.

10.16.120. Underage possession, consumption or sale of alcohol prohibited.

10.16.130. Presumption.

10.16.110. Open container prohibited.

A. Except upon premises holding valid licenses to sell or serve fermented malt or alcoholic beverages and except as provided in section 13.38.010, it is unlawful:

1. To carry or possess any open container or containers of fermented malt or alcoholic beverage on any street, sidewalk, alley or other public place in the city, or in or upon any motor vehicle so located in the city, or on the grounds of any public or private school, college or university in the city;

2. To consume any fermented malt or alcoholic beverage in or on any of the places in the city specified in this subsection;

3. For the operator of a motor vehicle on a street, sidewalk, alley or other public place in the city to allow any open container of fermented malt or alcoholic beverage within the passenger compartment of the vehicle.

B. It shall be an affirmative defense to a prosecution under subsection (A)(1) of this section that the defendant, within 24 hours after the original purchase, carried or possessed only one opened and resealed container of partially consumed vinous liquor, that did not originally contain more than 750 ml of vinous liquor, and that the defendant purchased for on premises consumption and removed from a duly licensed premises listed under subsection C of this section and in strict accordance with C.R.S. § 12-47-421, but only if:

1. The person also has in his or her possession a receipt for the purchase, dated within 24 hours after the purchase; and

2. The container is not accessible from the passenger compartment of any motor vehicle.

C. The provisions of subsection B of this section shall apply only to vinous liquor purchased from a licensee that has meals available for consumption on the licensed premises in accordance with C.R.S. § 12-47-103(20) and is duly licensed as:

1. A manufacturer’s licensee;

2. A limited winery licensee;

3. A beer and wine licensee;

4. A hotel and restaurant licensee;

5. A tavern licensee;

6. A brew pub licensee; or

7. A vintner’s restaurant licensee.

D. The court shall punish anyone convicted under this section by a fine only up to $500.00.

(Code 1993, § 10.16.110; Ord. No. O-92-51, § 1; Ord. No. O-94-61, § 9; Ord. No. O-2005-66, § 1)

10.16.120. Underage possession, consumption or sale of alcohol prohibited.

A. It is unlawful to knowingly:

1. Sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving or procuring of any vinous, spirituous or malt liquors or any fermented malt beverages, to or for anyone under the age of 21 years; or

2. Obtain, or attempt to obtain any vinous, spirituous or malt liquor or fermented malt beverage by misrepresentation of age or any other method in any place selling vinous, spirituous or malt liquors, or fermented malt beverages, when such person is under the age of 21 years; or

3. Possess or consume any malt, vinous or spirituous liquor, or any fermented malt beverage, when such person is under 21 years of age; or

4. Permit any person under 21 years of age, of whom he or she may be a parent or guardian, to violate subsections (A)(1), (2) or (3) of this section.

B. It shall be an affirmative defense that the person under the age of 21 years was participating in a religious ceremony or practice, or is participating in a supervised and bona fide investigation conducted by a law enforcement agency, or that the conduct was permitted by the Colorado Beer Code (C.R.S. § 12-46-101 et seq.) or the Colorado Liquor Code (C.R.S. § 12-47-1 et seq.).

C. The court may punish any person under the age of 21 years convicted of this offense by a fine up to $500.00 and a term of probation up to one year.

(Code 1993, § 10.16.120; Ord. No. O-92-51, § 1; Ord. No. O-94-61, § 9)

10.16.130. Presumption.

During any trial for a violation of this chapter, any bottle, can or any other container with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label to determine whether the contents of the bottle, can or other container were composed in whole or in part of alcohol. A label which identifies the contents of any bottle, can or other container as “beer,” “ale,” “malt beverage,” “fermented malt beverage,” “malt liquor,” “wine”, “champagne,” “whiskey” or “whisky,” “gin,” “vodka,” “tequila,” “schnapps,” “brandy,” “cognac,” “liqueur,” “cordial,” “alcohol” or “liquor” shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of alcohol.

(Code 1993, § 10.16.130; Ord. No. O-92-51, § 1)

10.16.140. Offensive activity prohibited.

10.16.150. Conduct of 3.2 beer establishments.

10.16.160. Conduct of retail establishments.

10.16.140. Offensive activity prohibited.

Every person licensed pursuant to C.R.S. title 12, art. 46 (C.R.S. § 12-46-101 et seq.) or C.R.S. title 12, art. 47 (C.R.S. § 12-47-101 et seq.) or the manager or agent of such licensee shall conduct his or her establishment in a decent, orderly and respectable manner, and shall not permit within or upon the licensed premises the loitering of habitual drunkards or intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue noise or other disturbance or activity offensive to the senses of the average citizen or to the residents of the establishment’s neighborhood.

(Code 1993, § 10.16.140; Ord. No. O-92-51, § 1)

10.16.150. Conduct of 3.2 beer establishments.

No person licensed pursuant to C.R.S. title 12, art. 46 (C.R.S. § 12-46-101 et seq.) or the manager or agent of such licensee shall:

A. Permit, upon any licensed premises, anyone to loiter in or about the premises for the purpose of begging and soliciting any patron or customer of or visitor in such premises to purchase any drinks or beverages, of any type or nature whatsoever, for the one soliciting or begging;

B. Permit the consumption of fermented malt beverages on the licensed premises at any time when the sale of such beverages is prohibited by law;

C. Employ or permit upon the licensed premises, any employee waiter, waitress, entertainer, host or hostess to mingle with patrons and personally beg, procure or solicit the purchase or sale of drinks or beverages for the use of the one begging, procuring or soliciting, or for the use of any other employee.

(Code 1993, § 10.16.150; Ord. No. O-92-51, § 1)

10.16.160. Conduct of retail establishments.

No person licensed pursuant to C.R.S. title 12, art. 46 (C.R.S. § 12-46-101 et seq.) or C.R.S. title 12, art. 47 (C.R.S. § 12-47-101 et seq.) for retail sale by the drink of alcoholic or fermented malt beverages or such person’s manager or agent shall permit:

A. Any person to appear in a state of nudity within or upon the premises; or

B. Any person on the licensed premises touching, caressing, or fondling the breasts, buttocks, anus or genitals of any other person; or

C. Any employee or person on the licensed premises wearing or using any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof; or

D. Any lewd or indecent displays; or

E. Any person depicting any lewd or indecent display with artificial or inanimate devices; or

F. Any showing of film, still pictures, electronic reproduction, or other visual reproductions depicting any lewd or indecent displays; or

G. Any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus; or

H. Any person to install, maintain or operate, or permit the installation, maintenance or operation of, within or upon the licensed premises, any gambling table, establishment, device, machine, apparatus or other thing contrary to the laws of this state, or which is kept or used for gambling, either directly or indirectly. This subsection shall not be construed to prohibit the use of bona fide amusement devices which do not and cannot be adjusted to pay anything of value, and which may not be used for gambling, directly or indirectly, and for the scoring, achievement, use or operation of which no prize, reward or thing of value is offered or paid by any person.

(Code 1993, § 10.16.160; Ord. No. O-92-51, § 1)